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Pdf-Lanbnm, Ssignment Compress
Pdf-Lanbnm, Ssignment Compress
land laws
ASSIGNMENT
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ACKNOWLEDGEMENT
I am
supported me using this opportunity
throughout the course oftothis
express
LAND myLAWS
gratitude
ASSto
ASSI everyone
I GNME NT . Iwho
am
thankful for their aspiring guidance, invaluably constructive criticism and friendly
advice during the project work. I am sincerely grateful to them for sharing their
truthful and illuminating views on a number of issues related to the project.
I also take this opportunity to thank the staff of JAMIA MILIA ISLAMIA
who supported me very much in making of this project specially the LIBRARY
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TABL E OF CO
CONTE
NTE NTS:
NTS: -
8. (SECTION
Social 14)assessment
impact 16-20
17.
9. The procedure followed in acquisition 20
10. Most notable changes in the Act 22
12. Conclusion 25
13. Bibliography 26
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INTRODUCTION:-
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The Right to Fair Compensation and Transparency in Land
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Acquisition, Rehabilitation and Resettlement Act, 2013 (also as
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Land Acquisition Act, 2013)2013) is an Act
Act of Indian Parliament that
Saveregulates landAllacquisition
Accept acquisition and lays down the procedure and rules for
3
granting compensation
compensation,, rehabilitation and resettlement
resettlement to the
affected .
Hence the right to fair compensation and transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, was passed by
Parliament in 2013 to repeal the 1894 Act. The new Act is an effort to
address the historical injustice while speeding up procedures.
LAND ACQUISITION ACT, 1894. An Act to amend the law for the
acquisition of land for public purposes and for Companies. Whereas it is
expedient to amend the law for the acquisition of land needed for public.
purposes and for Companies and for determining the amount of
compensation to be made on.
However this report does not deals with all the provisions of Land
History
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The first piece of legislation in India in respect of acquisition of
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property was the Bengal Regulation 1 of 1824. It applied through the
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The Land Acquisition Act, 1894 was a British era law that governed the
process of land acquisition in India
in India until 2013 and continues to do so
in
in Pakistan
Pakistan and Myanmar. It allows the acquisition of land for some
public purpose by a government agency from individual landowners after
paying
by a government-determined
landowners from surrenderingcompensation
their land to to
thecover losses
agency. In incurred
India, a
new Act,
Act, The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013,
2013, replaced this
law.
The Act aims to establish the law on land acquisition, as well as the
rehabilitation and resettlement of those directly affected by the land
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acquisition in India. The scope of the Act includes all land acquisition
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whether it is done by the Central Government of India, or any State
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Government of India, except the state of Jammu & Kashmir.
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Government acquires land for its own use, hold and control,
including land for Public sector undertakings.
Government acquires land with the ultimate purpose to transfer it
for the use of private companies for stated public purpose. The
purpose of LARR 2011 includes public-private-partnership projects,
but excludes land
Government acquired
acquires landfor state
for or national
immediate andhighway projects.
declared use by
Provisions
Section 2(1) of the Act defines the following as public purpose for land
acquisition within India:
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CONSENT :-
:- When government declares public purpose and shall control
the land directly, consent of the land owner shall not be required.
However, when the government acquires the land for private companies,
the consent of at least 80% of the project affected families shall be
obtained through a prior informed process before government uses its
power under the Act to acquire the remaining land for public good, and
in case of a public-private project at least 70% of the affected families
should consent to the acquisition process.
The Act includes an urgency clause for expedited land acquisition. The
urgency clause may only be invoked for national defense, security and in
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Definition of 'land owner'
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1. person whose name is recorded as the owner of the land or building
or part thereof, in the records of the authority concerned; or
2. person who is granted forest rights under
under The Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 or under any other law for the time being in force; or
3. Person who is entitled to be granted Patta rights on the land under
any law of the State including assigned lands; or
4. any person who has been declared as such by an order of the court
or Authority.
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SECTION 3. Definitions
Definitions
a. “Administrator”
“Administrator”
rehabilitation means an
and resettlement officer appointed
of affected for the
families under purpose (1)
sub-section of
of section 44;
b. “affected area” area” means such area as may be notified by the
appropriate Government for the purposes of land acquisition;
c. “affected family” includes
family” includes —
i. a family whose land or other immovable property has been
acquired;
ii a family which does not own any land but a member or
members of such family may be agricultural labourers, tenants including
any form of tenancy or holding of usufruct right, share-croppers or
artisans or who may be working in the affected area for three years prior
to the acquisition of the land, whose primary source of livelihood stand
affected by the acquisition of land;
iii. the Scheduled Tribes and other traditional forest dwellers
who have lost any of their forest rights recognised under the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 due to acquisition of land;
iv. family whose primary source of livelihood for three years
prior to the acquisition of the land is dependent on forests or water
bodies and includes gatherers of forest produce, hunters, fisher folk and
boatmen and such livelihood is affected due to acquisition of land;
v. a member of th the
e family who has been assigned land by the
This websiteState
andstores Government
data such
such land or the
as is under Central Government under any of its schemes
acquisition;
cookies to enable essential
vi. asitefamily residing on any land in the urban areas for preceding
functionality, as well as marketing,
three years or more prior to the acquisition of the land or whose primary
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may change source of livelihood
your settings at any time for three years prior to the acquisition of the land is
or accept the default settings.
affected by the acquisition of such land;
d. “agricultural land” means
land” means land used for the purpose of —
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i. agriculture or horticulture;
ii. dairy farming, poultry farming, pisciculture, sericulture, seed
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farming breeding of livestock or nursery growing medicinal herbs;
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iv. land usused
ed for the grazing of cattle;
e. “appropriate Government” means,
Government” means, — —
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This websitechildren
stores data or
suchdependents
as shall be considered as a separate family for the
purposes of this Act.
cookies to enable essential site
“holding
n.as well
functionality, of land” means
as marketing, land” means the total land held by a person as an owner,
occupant
personalization, or tenant
and analytics. You or otherwise;
may change o.your settings at any time project"
"infrastructure project" shall include any one or more of the items
or accept the default settings.
specified in clause (b) of sub-section
sub-section (1) of section 2;(p) “land” includes
benefits to arise out of land, and things attached to the earth or
permanently fastened to anything attached to the earth;
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p. “landless”
“landless” means
means such persons or class of persons who may be, —
—
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i. considered or specified as such under any State law for the
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time being in force; or
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may be specified by the appropriate Government;
Saver. “landAccept
owner”All includes any person, —
owner” includes —
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no case exceed such limits of the total net sown area of that district or
State, as may be notified by the appropriate Government:
Provided that the provisions of this section shall not apply in the case of
projects that are linear in nature such as those relating to railways,
highways, major district roads, irrigation canals, power lines and the
like.
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SECTION 14.:- Lapse of Social Impact
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Assessment Report5.
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Ministry Of Rural Development
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5
P.K. Sarkar, ‘ Law of Acquisition of Land
Land in India’ ,(Easter 2002),
,(Easter Law House, Kolkata, 2002),
15
Provided further that any such decision to extend the period shall be
recorded in writing and the same shall be notified and be uploaded on
the website of the authority concerned.
Preliminary Notification
Notification
The process of acquisition begins with the issuance of preliminary
notification, as envisaged under Section 11 11 of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. Whenever, it appears to the appropriate
This websiteGovernment
stores data such that
as land in any area is required or likely to be required for
cookies to enable essential site
any public purpose, a preliminary notification under Section 11 in rural
functionality, as well as marketing,
or urban areas shall be published.
personalization, and analytics. You
Publication
may change your settings
at any timeof Notification:
or accept the default settings.
The Preliminary Notification
Notification shall be published in the following manner:-
(a) in the Official Gazette;
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(b) in two daily newspapers circulating in the locality of required area of
which one shall be in the regional language;
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that, the words of Section 4(1) of the Land Acquisition Act, 1984 clearly
suggest that the requirement is a mandatory one. Publication of the
notification in the manner prescribed in Section 4(1) of the Act, it
appears from the subsequent scheme of the Act, is an indispensable
condition for a valid acquisition.
This websitebestores
decided solely
data such as by the State Government.
cookies to enable essential site
functionality, as well as marketing,
personalization, and analytics. You
In K.Madhava Rao vs. State of A.P.,
may change your settings at any time
that Court observed that
it default
or accept the is duty of Court to determine whenever
settings. question is raised whether
acquisition is or not for public purpose. However, prima facie
Government is the best judge as to whether acquisition is for public
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purpose. But it is not sole judge.
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Although the above cases were dealt under the old law of
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Land Acquisition Act, 1984, but the provisions of the new Act and the
t he old
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law are somewhat similar. Therefore, the rules laid down in the landmark
judgments
Save under
Accept All the old law will
will hold well under the new Act also.
also.
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Restriction on Transaction:
No person shall make any transaction or cause any transaction of land
specified in the preliminary notification from the date of publication of
such notification till such time as the proceedings of acquisition are
completed.
Provided that the Collector may, on the application made by the owner of
the land so notified, exempt in special circumstances to be recorded in
writing, such owner from the operation of this restriction.
But any loss or injury suffered by any person due to his willful violation
of this provision shall not be made up by the Collector.
Section 14 provides
14 provides that where a preliminary notification under section
11 is not Impact
the Social issued within 12 months
Assessment
Assessment (SIA) from submitted
(SIA) report
report the date ofbyappraisal
the Expertof
Group under section 7, then, such report shall be deemed to have lapsed
and a fresh Social Impact Assessment shall be required to be undertaken
prior to acquisition proceedings.
The appropriate Government shall have the power to extend the t he period of
twelve months, if in its opinion circumstances exist justifying the same
but such decision shall be recorded in writing and the same shall be
notified and be uploaded on the website of the authority concerned.
This websiteSurvey
stores data
Section Of Land
Land
such
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12 as
provides for the preliminary survey of land and power of
cookies to enable essential site
officers
functionality, as well asto carry out such survey.
marketing,
personalization,
For andtheanalytics.
purposesYou of enabling the appropriate Government to determine
may change your settings at any time
the
or accept the extent
default of land to be acquired, it shall be lawful for any officer, either
settings.
generally or specially authorised by such Government in this behalf, and
for his servants and workmen, –
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–
(a) to enter upon and survey and take levels of any land in such locality;
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(b) to dig or bore into the sub-soil;
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(c) to do all other acts necessary to ascertain whether the land is adapted
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for
(d) such
to setpurpose;
out the boundaries of the land proposed to be taken and the
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intended line of the work (if any) proposed to be made thereon; and
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(e) to mark such levels, boundaries and line by placing marks and
cutting trenches and where otherwise the survey cannot be completed
and the levels taken and the boundaries and line marked, to cut down
and clear away any part of any standing crop, fence or jungle.
Restriction:
No act under clauses (a) to (e) in respect of land shall be conducted in the
absence of the owner of the land or in the absence of any person
authorised in writing by the owner. Such survey may be undertaken in
the absence of the owner, if the owner has been afforded a reasonable
opportunity to be present during the survey, by giving a notice of at least
sixty days prior to the survey.
In Satnam Singh vs. State of Punjab , the Court held that a
notice is necessary condition precedent for the exercise of the power of
the entry, and non-compliance with these conditions make the entry of
the officer or his servants unlawful.
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ground that there was no necessity for acquiring the land for a public
purpose. Whether the land is required for a public purpose or not has to
be decided solely by the State Government.
Lapse of Notification:
Where no declaration is made within 12 months from the date of
preliminary notification, then such notification shall be deemed to have
been rescinded. Provided that in computing the time of 12 months any
period during which the proceedings for the acquisition of the land were
held up on account of any stay or injunction by the order of any Court
shall be excluded. The appropriate Government may decide to extend the
period of 12 months, if in its opinion circumstances exist justifying the
same, which shall be recorded in writing and notified and be uploaded on
the website of the authority concerned.
The declaration shall be conclusive evidence that the land is re
required
quired for
a public purpose and after making such declaration, the appropriate
Government may acquire the land in such manner as specified under
this Act.
The Procedure Followed in Acquisition
affected families and to this end, the appropriate government must hold
a public hearing with the affected families. The second stage of this
process is the evaluation of the social impact assessment (SIA) report by
an 'expert group' under section 7 of the Act. The expert group will
evaluate the social impact assessment report and examine whether the
project serves the Stated public purpose, whether it is in the larger
public interest and whether the costs and adverse impacts of the project
outweigh the potential benefits. 271 On these grounds, individually, the
expert group is required to express its opinion as to whether the project
should be allowed to continue or not. The third and final stage is the
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• As per Section 10 of the Act, 2013, no irrigated multi crop land shall be
acquired. If under exceptional circumstances such land is acquired, the
government should ensure that equivalent area of cultivable waste land
shall be developed for agricultural purposes or the amount equivalent to
the value of the land acquired shall be deposited with the appropriate
government for investing in agricultural for enhancing food security. This
is in consonance with the Food Security Act, 2013. So in case of
acquisition of multi crop fertile lands, the object is to see that cultivable
lands are not diminished, and thereby to ensure that there is no shortage
of food production.
• Rehabilitation and Resettlement: in case of land-owners/landless
people whose lands are affected in acquisition, rehabilitation and
resettlement scheme has to be prepared under sections 16 and 17of the
Act, 2013.
• Land acquired for one purpose cannot be used for another purpose
under section 99. However if the land is rendered useless for the
originally notified purpose, the appropriate government may use it for
another purpose. If the land acquired is not utilized within a period of
five years from the date of taking possession, it shall be redelivered to the
original owner under section 101 of the Act, 2013.
• Section 24 of the Act, 2013, protects certain category of persons whose
lands have been notified/acquired under the Act, 1984. The provisions of
the Act, 2013 will apply
(a) where no award has been passed under section 11 of the Act,
1984 for payment of compensation,
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data such as
where award has been passed under section 11 of the Act,
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1984, more five years or more prior to the commencement of the Act,
functionality, as well as marketing,
2013, but physical possession has been taken or compensation has not
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may change been paid,at any time
your settings
or accept the default settings.
Then in the above two circumstances, the proceeds under the Act,
1984 are deemed to have lapsed. Further, where award is passed and
compensation of majority land-holdings has not been deposited in the
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account of beneficiaries, then all the beneficiaries specified in the section
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4 notification under the Act, 1984 will be entitled to compensation under
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the Act, 2013.
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CONCLUSION:-
The majority of the Indian population is depended on lands. Most of
them agricultural lands, some are depended on urban properties. In view
of ever increasing demand and rising prices of land, a person/family
affected in land acquisition will suffer heavily as it will be impossible for
him/them to purchase similar extent of land lost in the acquisition.
Therefore the
t he Parliamentarians’ enacted The Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 and replaces the Land Acquisition Act of 1984 which was a
pre-Constitutional Act.
Act.
The Act, 2013, will go a long way to protect the interests of farmers
and land-owners who are solely depended on the lands and this
mechanism takes care of the longstanding grievances of the land-
owners/displaced persons by ensuring the acquisition of property will be
made only as a last resort and if the purpose is bonafide and genuine.
BIBLIOGRAPHY
BOOKS REFERRED:-
WEBSITES REFERRED :
1. https://www.legalcrystal.com
2. http://www.manupatra.com
3. http://www.indiankanoon.com
4. http://www.acadmike.edu
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